PCT NATIONAL PHASE ENTRY
ARIPO

Within the influential sphere of African Regional Intellectual Property Organization (ARIPO), an impactful coalition emerged, comprising an impressive assembly of precisely 20 Member States. This distinguished gathering, including nations such as Botswana, Cape Verde, Kingdom of Eswatini, The Gambia, Ghana, Kenya, Kingdom of Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Sierra Leone, Seychelles, Sudan, Tanzania, Uganda, Zambia, and Zimbabwe, stands as a testament to the collaborative commitment to advancing intellectual property initiatives across the African continent.

 

The major requirements and procedure to file a patent application in ARIPO are mentioned below:

DEADLINE TO FILE PATENT APPLICATION

The designated period for submitting a patent application in African Regional Intellectual Property Organization (ARIPO) under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority.

LANGUAGE TO FILE NATIONAL PHASE APPLICATION

In ARIPO, the official language for filing patent application is English. If the international application is in a different official language, providing a translation into English is mandatory. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

EXTENSION FOR LATE ENTRY INTO NATIONAL PHASE

The timelimit for submitting a patent application to the late national phase entry cannot be extended in this particular jurisdiction. However translation can be submitted  with an extension of  2 months from the date of filing the national phase application.

REQUIREMENTS FOR FILING PATENT APPLICATION

The essential documents required for filing a national phase application include:

  • Power of Attorney: In situations where the applicant is not a resident in any ARIPO (African Regional Intellectual Property Organization) Contracting State, the appointment of an agent is required. This agent acts on behalf of the applicant for matters related to the patent application within the ARIPO framework. This appointment ensures proper representation and adherence to the procedures outlined by ARIPO for non-resident applicants.
  • Assignmnet Deed: When the applicants are not the same and there's a need to transfer the priority right, this particular document is required. This document formally conveys the priority right from one applicant to another.

COST EXEMPTION AVAILABLITY FOR NATIONAL PHASE FILING

For applications submitted on or before 1 January 2017, there is no requirement to pay a search or examination fee if the international application has already undergone the process of having an international search report or a preliminary examination report established. In such cases, the fees associated with these procedures are waived for the mentioned applications filed before the specified date.

REQUEST FOR EXAMINATION

The Patent Office will conduct or facilitate the substantive examination of patent applications. To initiate this process, a request for examination must be submitted within three years from the international filing date. However, it's important to note that this request comes with a associated fee. If the request is not made within the stipulated three-year timeframe, the application will lapse. Therefore, timely submission of the examination request is crucial to keep the patent application active.

RENEWAL FEE

Annual fees for a patent are payable on the eve of each anniversary of the international filing date. The Office ensures timely reminders to the applicant about these payments, providing at least one month's notice before the annual fee is due. Importantly, any annual fee due during the international phase does not require immediate payment; it can be deferred until the expiration of the relevant deadline for entering the national phase. This approach allows applicants flexibility in managing their financial obligations during the patent process.

PATENT TERM

The patent term for patents in ARIPO is 20 years. However, patent term extension is available in some of the member states is which can be extended upto 5 years, or in exceptional cases upto 10 years.

Disclaimer: The information available on this portal is solely for your kind perusal and general interest only. All the information on the portal is provided in good faith and therefore should not be relied upon or construed as a legal advice. If you find and/or encounter any errors, inaccuracies or discrepancies in such information, please write us.